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Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
- Effective Date: This Terms of Use Agreement was last updated on 03/03/06.
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- This Terms of Use Agreement sets forth the standards of use of the TLC Web Enterprises Online Service. By using the International
Registry of Children's Photographers (herein referred to as IROCP) website,
www.irocp.com, you (herein referred to as
the "Reader") agrees to these terms and conditions. If Reader does not agree to the terms and conditions of this agreement, Reader should immediately
cease all usage of this website. IROCP reserves the right, at any time, to modify, alter, or update the terms and conditions of the agreement without
prior notice. Modifications shall become effective immediately upon being posted IROCP website. Reader's continued use of the Service
after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
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- 1. Ownership
- IROCP is owned and operated by the International Guild of Children's Photographers, Inc. (herein referred to as IGOCP),
www.IGOCPinc.com. All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2005-2006 International Registry of Children's Photographers, Inc. (IROCP), all rights
reserved, or is the property of IROCP and/or Registered Members listed, and/or third parties, such as, but not limited to, Vendors, protected by intellectual
property rights. Any use of materials on the website, including reproduction, modification, distribution, or replication, any form of data
extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of IGOCP is strictly
prohibited. Additionally, Children's Photography Today™ is a proprietary mark of IGOCP.
- 2.
Description of Service
- IROCP is providing
Reader with multiple services.
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- a. The service provided to the Registered
Members listed on IROCP includes a service of marketing their
businesses to the general public. The approved Register
Members listed on IROCP agree that by applying to, and/or becoming
affiliated with IROCP is completely voluntary and in no way
guarantees a return on their investment. IROCP is a for
profit corporation, and in no way represents itself as a
charitable (non-profit) organization.
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i. Applicants - IROCP retains the right to accept or deny
any application for membership based on the information submitted
on their application and the photos provided by said applicant
which are displayed on the applicant's website. This
acceptance or denial is based on quality of technical and creative
ability and ability to maintain professional standards within the
respective industry. IROCP shall not be held responsible for
any application or correspondence not received due to technical
issues. The Registered Members' involvement in philanthropic
projects is completely voluntary. Additionally, the
Registered Members of IROCP are responsible for their own actions,
including, but not limited to donations to clients and/or monies
for donated goods & services.
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- b. The service provided to the general
public is to act as a source for hiring a talented and
professional children's photographer which represents the best of
the profession.
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- 3. Disclaimer of Warranties.
- The site is provided
by IROCP on an “as is” and on an “as available”
basis. To the fullest extent permitted by applicable law.
IROCP makes no representations or warranties
of any kind, express or implied, regarding the use or the results
of this web site in terms of its correctness, accuracy,
reliability, or otherwise. IROCP
shall have no liability for any interruptions in the use of this
Website. IROCP disclaims all warranties with regard to the information provided,
including the implied warranties of merchantability and fitness
for a particular purpose, and non-infringement. Some
jurisdictions do not allow the exclusion of implied warranties,
therefore the above-referenced exclusion is inapplicable.
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- 4.
Limitation of Liability
- IROCP
SHALL NOT be liable for any damages whatsoever, and in particular
IROCP SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS,
LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS
WEB SITE, IT'S SERVICES, OR THE INFORMATION CONTAINED IN IT,
WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER
STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF IROCP
HAS BEEN ADVISED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IROCP SHALL NOT BE LIABLE FOR ANY DAMAGES
WHATSOEVER IN RELATION TO THE REGISTERED MEMBERS LISTED ON THIS
SITE FOR THEIR RESPECTIVE ACTIONS. SHOULD ANY REGISTERED
MEMBER LISTED HERE FAIL TO PERFORM FOR ANY REASON, IROCP SHALL NOT
BE HELD LIABLE. SOME JURISDICTIONS DO NOT ALLOW FOR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS
INAPPLICABLE.
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- 5.
Indemnification
- Member agrees to indemnify and hold IROCP, its
parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable attorneys’
fees and costs, made by any third party due to or arising out of
Reader’s use of the Service, the violation of this Agreement, or
infringement by Reader, or other user of the Service using
Reader’s computer, of any intellectual property or any other right
of any person or entity.
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- 6. Modifications and Interruption to
Service
- IROCP reserves the right to modify or
discontinue the Service with or without notice to the Reader.
IROCP shall not be liable to Reader or any third party should
IROCP exercise its right to modify or discontinue the Service.
Reader acknowledges and accepts that IROCP does not guarantee
continuous, uninterrupted or secure access to our website and
operation of our website may be interfered with or adversely
affected by numerous factors or circumstances outside of our
control.
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- 7. Third-Party Sites
- Our website may include links to other
(third-party) sites on the Internet that are owned and operated by
online merchants and other third parties. You acknowledge
that we are not responsible for the availability of, or the
content located on or through, any third-party site. You
should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links or
the content located on such sites. Your use of those
third-party sites is subject to the terms of use and privacy
policies of each site, and we are not responsible therein. We
encourage all Readers to review said privacy policies of
third-parties’ sites.
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- 8. Disclaimer Regarding Accuracy of
Vendor Information
- Product and service specifications and other
information have either been provided by the Vendors or collected
from publicly available sources. While IROCP makes every
effort to ensure that the information on this website is accurate,
we can make no representations or warranties as to the accuracy or
reliability of any information provided on this website.
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- IROCP makes no warranties or representations
whatsoever with regard to any product or service provided or
offered by any Vendor, and you acknowledge that any reliance on
representations and warranties provided by any Vendor shall be at
your own risk.
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- 9. Compliance with Laws
- Reader assumes all knowledge of applicable law
and is responsible for compliance with any such laws. Reader
may not use the Service in any way that violates applicable state,
federal, or international laws, regulations or other government
requirements. Reader further agrees not to transmit any material
that encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable
local, state, national, or international law or regulation.
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- 10. Copyright and Trademark
Information
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- All content included or available on this site,
including site design, text, graphics, interfaces, and the
selection and arrangements thereof is ©2005-2006 International
Registry of Children's Photographers (IROCP - www.irocp.com), will
all rights reserved, or is the property of IROCP and/or Registered
Members listed, and/or third parties protected by intellectual
property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above,
modification, distribution, or replication, any form of data
extraction or data mining, or other commercial exploitation of any
kind, without prior written permission of an authorized officer of
IROCP is strictly prohibited. Readers agree that they will
not use any robot, spider, or other automatic device, or manual
process to monitor or copy our web pages or the content contained
therein without prior written permission of an authorized officer
of IROCP.
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- The International Registry of Children's
Photographers™ (IROCP) and Children's Photography Today™ are
proprietary marks of the International Guild of Children's
Photographers (IGOCP). IGOCP trademarks may not be used in
connection with any product or service that is not provided by
IGOCP in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits IGOCP.
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- All other trademarks displayed on this website
are the trademarks of their respective owners, and constitute
neither an endorsement nor a recommendation of those Vendors.
In addition, such use of trademarks or links to the web sites of
Vendors is not intended to imply, directly or indirectly, that
those Vendors endorse or have any affiliation with IROCP.
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- 11. Notification of Claimed Copyright
Infringement
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- Pursuant to Section 512(c) of the Copyright
Revision Act, as enacted through the Digital Millennium Copyright
Act, IROCP designates the following individual as its agent for
receipt of notifications of claimed copyright infringement.
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- By Telephone: 1-866-iGOcp-01 (1-866-466-2701)
- By Email: info@irocp.com
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- 12.
Right of Termination
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- IROCP retains the right, at our sole
discretion, to terminate any accounts involved with IROCP and
related activities. If any hostnames are used as command and
control points for IROCP, IROCP reserves the right to direct the
involved hostnames to a logging facility, address, or any other
destination at our discretion.
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- 13.
Other Terms
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- If any provision of this Terms of Use Agreement
shall be unlawful, void or unenforceable for any reason, the other
provisions (and any partially-enforceable provision) shall not be
affected thereby and shall remain valid and enforceable to the
maximum possible extent. You agree that this Terms of Use
Agreement and any other agreements referenced herein may be
assigned by IROCP, in our sole discretion, to a third party in the
event of a merger or acquisition. This Terms of Use
Agreement shall apply in addition to, and shall not be superseded
by, any other written agreement between us in relation to your
participation as a Reader. Reader agrees that by accepting
this Terms of Use Agreement, Reader is consenting to the use and
disclosure of their personally identifiable information and other
practices.
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